10107. Action to restrain the interstate shipment of adulterated butter. V. S. v.
Steve Owens (The Wellington Creamery Co.) and The T. & O. Sales Co.
Injunction granted. (In. No. 104.)
COMPLAINT FILED: August 18, 1945, Northern District of Texas, against Steve
Owens, doing business as the Wellington Creamery Co., at Wellington, Tex.,
and the T. & O. Sales Co., a partnership, Amarillo, Tex., of which Steve Owens
was a member. The complaint alleged that the defendants had been shipping
in interstate commerce since August 19, 1944, butter which was contaminated
with flies, beetles, rodent filth, dust, and dirt. It was alleged also that an
inspection of the Wellington Creamery Co. on August 19, 1944, disclosed that
a live rat was nesting under a stack of butter cartons; that a number of dead
flies were on the folds at the top of two partly used sacks of sugar; that
numerous dead flies and rat tracks were visible in dried cream which had
been spilled on the floor of the testing room; that the butter-making equip-
ment and piping were extremely dirty; that cockroaches were at various
points throughout the plant; and that the cream used in preparation of the
butter contained manure and other ingredients.
NATURE OF CHARGE: Adulteration, Section 402 (a) (3), the article consisted
in whole or in part of a filthy substance; and, Section 402 (a) (4), the article
had been prepared, packed, and held under insanitary conditions whereby
it may have become contaminated with filth.
PEAYEE OF COMPLAINT: That a preliminary injunction issue restraining the
defendants from the commission of the acts complained of, and that, after
hearing, the preliminary injunction be made permanent.
DISPOSITION : On August 28, 1945, after hearing the evidence and arguments
of the parties, the court granted a preliminary injunction enjoining the de-
fendants during the pendency of the action from shipping adulterated butter in
interstate commerce. On October 16, 1945, on default of the defendant, the
preliminary injunction was made permanent.